Page 9 - Trail Winds Proposal E2

Contract Criterion 1

Financial

Contract Modifica-ons:

ADDENDUM TO SUBCONTRACT AGREEMENT
BY AND BETWEEN
BRASFIELD & GORRIE, LLC AND
TRI-CITY ELECTRICAL CONTRACTORS, INC.

a. ARTICLE 26 – LABOR - 26.1 Subcontractor agrees that strikes, slowdowns or similar interrup.ons or disturbances
(including cases where the Subcontractor’s employees are engaged in a work stoppage solely as a result of a labor
dispute involving Contractor or others and not in any manner involving Subcontractor) shall not excuse
Subcontractor from the obliga.on to perform the Work .mely and in accordance with the Schedule; and in such
event, Contractor shall be en.tled to the rights and remedies provided in Paragraph 27.2. Subcontractor shall
maintain and exercise control over all employees engaged in the performance of the Work, and shall, to the extent
permiGed by law, remove or cause to be removed from the Project any employee whose presence is detrimental to
the orderly performance of the Work in the opinion of the Contractor. Notwithstanding the foregoing paragraph,
the Contractor hereby acknowledges that Subcontractor is a Merit Shop Contractor. Any labor disturbance caused
by any unit of organized labor directed at Subcontractor’s employees is to be deemed as a disturbance not under
Subcontractor’s control and thus not Subcontractor’s responsibility. If in fact the Contractor elects to terminate
Subcontractor, and the Subcontractor is not otherwise in default under other provisions of this contract, the
termina.on would be deemed a termina.on for convenience and be governed by the contract clause contained
herein addressing such termina.on. It is also agreed that nothing in the preceding paragraph will alleviate the
Subcontractor’s obliga.on to provide adequate numbers of appropriately trained personnel at all .me as necessary
to fulfill the Subcontractor’s obliga.ons elsewhere as iden.fied with the Contract Documents. Over.me:
Subcontractor agrees to maintain an adequate force of experienced workers and the necessary materials, supplies
and equipment to meet the requirements of the Contractor and other trades in order to maintain the original
construc.on progress schedule as established by the Contractor, Owner and Subcontractor. In the event that
Subcontractor’s work force is inadequate to meet the established schedule during the regular working hours,
Subcontractor agrees to work sufficient over.me hours or increase their work force to meet such schedule at no
cost to the Contractor or Owner. In the event that Contractor directs Subcontractor to work over.me (including
Saturdays, Sundays or holidays) for reasons other than Subcontractor’s failure to perform its work in accordance ith
the applicable schedule, Subcontractor shall be paid for addi.onal over.me costs as required by applicable law upon
providing documenta.on of these costs acceptable to Contractor. If Subcontractor has any claim for impacts
resul.ng from working over.me, it shall submit such claim in accordance with Ar.cle 29. AHer hours work for
outages and shutdowns shown in the Contract Documents shall be staffed by the Subcontractor without extra costs
to the Contractor.
b. ARTICLE 29 – CLAIMS AND DISPUTES; ARBITRATION - 29.4 The par.es acknowledge that this Subcontract evidences
a transac.on involving interstate commerce and that this agreement to arbitrate is enforceable under 9 U.S.C. §§ 1,
et seq. The place of arbitra.on shall be the loca.on of the Project. Birmingham, Alabama, unless the Contractor, in
a wri.ng to be issued at its sole discre.on at a later date, elects to have the arbitra.on in another locale.
c. ARTICLE 33 – MISCELLANEOUS—33.3 Electronic Documents. Subcontractor shall be solely responsible for accessing
and reviewing the electronic documents, aHer receiving no.ce from Contractor, and Subcontractor shall abide by Tri-City Electrical Contractor, Inc. | Electrical Proposal
any instruc.ons or requirements from Contractor regarding security of the documents.

430 West Drive | Altamonte Springs, FL , 32714 | 407-788-3500 8